Thursday, July 15, 2010

Rule of Law via Gary

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http://www.pacode.com/secure/data/234/chapter 4/chap4toc.html Question. TITLE 234 RULES O...


http://www.pacode.com/secure/data/234/chapter4/chap4toc.html

Question.

TITLE 234 RULES OF CRIMINAL PROCEDURE

1. SCOPE OF RULES, CONSTRUCTION AND DEFINITIONS, LOCAL RULES … 100

Rule 100.
Scope Rules.
(A) These rules shall govern criminal proceedings in all courts including courts not of record. Unless otherwise specifically provided, these rules shall not apply to juvenile or domestic relations proceedings.


(B) Each of the courts exercising criminal jurisdiction may adopt local rules of procedure in accordance with Rule 105.


At (A) says these rules shall not apply to juvenile.


4. PROCEDURES IN SUMMARY CASES … 400


At (4.) is the venue this body is operating in.

QUESTION - seeing it says does not apply.
Then rules numbering (400) would also not apply?

If that is so they have no jurisdiction to hear this case as it involves
a juvenile lacking subject matter jurisdiction?

Best Gary

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PART A. Instituting Proceedings


400. Means of Instituting Proceedings in Summary Cases.
401. Means of Instituting Proceedings in Summary Cases Charging Parking Violations.

PART B. Citation Procedures


402. Persons Who Shall Use Citations.
403. Contents of Citation.

PART B(1). Procedures When Citation Is Issued to Defendant


405. Issuance of Citation.
406. Procedure Following Issuance of Citation.
407. Pleas in Response to Citation.
408. Not Guilty Pleas—Notice of Trial.
409. Guilty Pleas.

PART B(2). Procedures When Citation Filed


410. Filing of Citation.
411. Procedures Following Filing of Citation—Issuance of Summons.
412. Pleas in Response to Summons.
413. Not Guilty Pleas—Notice of Trial.
414. Guilty Pleas.

PART C. Procedures in Summary Cases When Complaint Filed


420. Filing of Complaint.
421. Procedure Following Filing of Complaint—Issuance of Summons.
422. Pleas in Response to Summons.
423. Not Guilty Pleas—Notice of Trial.
424. Guilty Pleas.

PART D. Arrest Procedures in Summary Cases

PART D(1). Arrests With a Warrant


430. Issuance of Warrant.
431. Procedure When Defendant Arrested With Warrant.

PART D(2). Arrests Without a Warrant


440. Arrest Without Warrant.
441. Procedure Following Arrest Without Warrant.

PART E. General Procedures in Summary Cases


450. Motions [Reserved].
451. Service.
452. Collateral.
453. Joinder of Offenses and Defendants.
454. Trial in Summary Cases.
455. Trial in Defendant’s Absence.
456. Default Procedures: Restitution, Fines, and Costs.
457. Withdrawal of Charges in Summary Cases.
458. Dismissal in Summary Cases Upon Satisfaction or Agreement.

PART F. Procedures in Summary Cases for Appealing to Court of Common Pleas for Trial De Novo


460. Notice of Appeal.
461. Stays.
462. Trial De Novo.

PART G. Special Procedures in Summary Cases Under the Vehicle Code


470. Procedures Related to Licenses Suspension After Failure to Respond to Citation or Summons.
471. Disposition Report.
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Sharon Anderson
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7/15/10 8:28 am

http://www.grouply.com/digest.php?nm= Last Posting
Gary D.
Jul 14, 2010
04:28 pm

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